Terms of Service
GENERAL
HaloCheck, halocheck, HaloCheck Sdn Bhd and HaloCheck™ shall be referred to collectively as “HaloCheck”, in relation to the Brand, the Company, and all present and future Subsidiaries.
DEFINITIONS:
Agreement: This Service Agreement between HaloCheck and you as the User together with all appendices thereto including these Terms and Conditions.
HaloCheck : means HaloCheck, halocheck, HaloCheck Sdn. Bhd. [202001036408 (1392729-M)], and HaloCheck™; the Brand, the Company, its parent companies, affiliates, all present and future Subsidiaries, its employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents.
Platform: means the online platform (accessible through HaloCheck’s website at www.halocheck.com.my) operated by HaloCheck.
Services: means any services provided by HaloCheck through the Platform.
The words “you”, “your”, ‘yours”, or any of their derivatives refer to the person using or accessing HaloCheck’s Platform and shall include as the context may require, personal representatives (as the case may be).
1. The Agreement
1.1 This Agreement constitutes a legal agreement between you and HaloCheck, the owner and operator of the Platform. These terms and conditions together with our Privacy Policy located on our website (“collectively known as the Agreement”) govern your use of the Platform.
1.2 By accessing or using the Platform and Services, you are deemed to have agreed to and accepted these Terms and Conditions (“T&Cs”) and all Appendices and Schedules (if any).
1.3 IF you disagree with any part of the terms then you may not access the Platform. The Platform is provided through HaloCheck’s website (“Website”). You are required to sign up to the Platform and authorise the use and disclosure of your information to allow us to grant you access to the Platform.
2. Variation To The Agreement
2.1 HaloCheck reserves the right to alter, change, amend, add to, or abrogate any provision of this T&Cs at any time, including but not limited to; modification or termination of Services; and change to fees and pricing. All Products and Services made available and offered through this Platform will be subjected to these T&Cs. You are encouraged to check for the newest version of the T&Cs whenever you visit the site for any updates or changes.
2.2 By providing your personal information and/or using our Services/visiting this Platform, you accept the terms and conditions and agree to the changes made in the latest T&C update. If you do not agree with any changes to the T&Cs you may not access the Platform after the date of such change comes into effect.
3. Your Obligation And Duties
3.1 Upon signing up with HaloCheck, you will be granted access to the Platform and the Services.
3.2 You are responsible for the security of your account and password (or other log-in information) and you take responsibility to ensure the confidentiality of the same.
3.3 If your account has been stolen or compromised or there has been unauthorised use of it, you shall remain responsible for any action taken through the use of your account until such time HaloCheck has suspended or terminated the account.
3.4 You shall notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft, or unauthorised use of your account.
3.5 You agree and warrant that :
(a) each information, confirmation, or declaration you provide to HaloCheck at the time of your sign up and throughout your use of the Platform and Services is accurate, true, and not misleading in any particular;
(b) you will use the Platform and/or Services for your own use only and shall not conduct searches on behalf of any other third parties including your holding companies, subsidiaries or any related companies;
(c) you will not use the Platform for any purpose that is illegal or prohibited by this Agreement;
(d) it is your responsibility to ensure that the computer and mobile phone, or any other device or hardware you use to access the Platform, is safe and secure;
(e) you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing, or ethnically objectionable;
(f) you will not attempt to gain unauthorized access to the Platform, User accounts, HaloCheck’s computer systems or networks through hacking, password mining, or other means;
(g) you shall not introduce into the Platform any content, materials, or code which contains any virus, Trojan Horse, work, timebomb, logic bomb, malware, spyware, or other computer programming routines that are intended to damage detrimentally the function of the Platform;
(h) any date information or message transmitted to you through our System, the Platform or otherwise is confidential and intended for the sole use of the intended recipient;
(i) that you shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform or Services, use of the Services or Platform, or access to the Services without any reason whatsoever;
(j) if you fail to comply with any of the T&Cs of this Agreement, HaloCheck may make a request in writing to you to remedy the breach within a specified time frame and if such breach is not remedied, HaloCheck has the right to unilaterally terminate this Agreement upon written notice with immediate effect.
4. Third-Party Sites & Services
4.1 HaloCheck may use other websites to assist with some of the functions on the Platform, such as the HaloCheck Risk Check and HaloCheck Community Watchlist. These websites may have access to some of your personal data to perform their job.
4.2 Third-Party Sites with access to data from this Platform will have limited and restricted use.
4.3 Any use for other purposes is strictly prohibited. Any personal data that is processed by any third party will be processed strictly within the provisions of this Agreement and in accordance with the Personal Data Protection Act 2010.
4.4 Where the Service involves third-party channels for delivery of the Service, HaloCheck shall not be liable for any delay or non-delivery of the Service caused by these third-party channels which include but is not limited to internet service providers and telecommunication providers.
5. Indemnity
5.1 By using our Services, you agree to indemnify and hold harmless HaloCheck from and against any claims, actions, demands, liability, loss, or damages; or costs and expenses (including without limitation, reasonable legal expenses on a reasonable basis); and penalties incurred or suffered by us which may arise out of, result from, or be in connection with:
(a) your material breach of this Agreement which shall include a breach of representation, obligation or warranty;
(b) any act of fraud or wilful misconduct by or on behalf of you; or
(c) your access or use of the Platform.
5.2 You will also indemnify us against any claims for information provided by you to us which is in violation of any law or in breach of any third- party rights.
6. Platform
6.1 To the best of its knowledge, HaloCheck has taken all steps to ensure the accuracy and correctness of the contents, information or data on the Platform or delivered through its services.
6.2 HaloCheck does not warrant the timeliness, conclusiveness, truth, accuracy, reliability, timeliness, completeness and correctness of the Services and/or of any information provided on the Platform.
6.3 HaloCheck does not give any warranties, conditions nor undertakings of any kind. Any conditions or warranty which may be implied or incorporated within this Agreement by reason of statute, common law or otherwise, is to the extent permitted by law, here is expressly excluded.
6.4 It may be necessary for HaloCheck to perform scheduled or unscheduled repairs or maintenance or upgrade the Platform which may temporarily degrade the quality of the platform or result in a partial or complete outage of the Platform. Under such circumstances, HaloCheck shall not be liable to you or any third party for loss or damages suffered as a result of such degradation or outage of the Platform.
6.5 HaloCheck shall have the sole and absolute right without compensation or notice to you to suspend temporarily or permanently or disallow the use of the Platform and Service.
6.6 HaloCheck shall always be afforded the opportunity to correct any deficiency in the Services and or Platform and you agree to permit HaloCheck to take appropriate measures to restore the Services and/or the Platform.
6.7 HaloCheck may at its discretion substitute or add to the Services and/or the Platform and further take such other measures as may be necessary.
6.8. Any attempt to deliberately sabotage, damage, or undermine the legitimate operation of the Platform will result in the termination of your HaloCheck account as it may be in violation of criminal and civil laws. HaloCheck reserves the right to seek remedies and damages (including attorney fees) to the full extent of the law, including criminal prosecution.
7. Disclaimer
7. 1 HaloCheck and all its respective officers, employees, directors, agents, contractors, and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use, and/or inability to use the Platform, or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server, or connection failure, error, omission, interruption, delay in transmission, computer virus, hacking activity, data leak, or other malicious, destructive, or corrupting code, data, agent program, or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers, agents, or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
7.2 Without prejudice to the foregoing, HaloCheck shall not be liable to you for any cost, claim, liability, expense, demand, or damages whatsoever (including any loss of profits, lost, savings, direct, indirect, special, incidental, or punitive losses or consequential damages arising out of:
(a) your use or inability to use the Services or any part thereof;
(b) any error, omission, or inaccuracy with respect to the Platform and or the Services;
(c) the inaccuracies, delays, omissions, non-delivery of information caused by any human, mechanical, electronic, electrical, fault, omission, breach of contract, or negligence.
7.3 HaloCheck does not make or give any warranties, conditions, or undertaking (expressed or implied) of any kind with regards to the merchantability, suitability, or fitness for the purpose or use of the Platform or Services.
7.4 HaloCheck shall not be liable for any risk of misunderstanding, error, damage, expense, or losses suffered or incurred by you resulting from the use of and/or reliance on the Platform and/or Services.
8. Reports
8.1 The reports provided by HaloCheck are prepared in good faith on the basis of and/or reliance on the information, representations, reports, and data provided and made available to us by third-party providers at the date of publication. HaloCheck is not responsible for the accuracy and completeness of the information, representations, reports, and data that were made available or provided to us.
8.2 The reports are prepared and provided solely for your own reference and internal use. HaloCheck, its directors, employees, and agents will not be liable for any damages, loss, expenses, or costs incurred as a result of and/or arising out of the use of the reports or any of the information contained therein by any person. Users are responsible for assessing the accuracy and relevance of the content of the report.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 If the use of the Platform and/or the Service is found to be in infringement of intellectual property rights of another party, HaloCheck shall have the right at its sole discretion to change or withdraw the Services with immediate effect.
9.2 The name, images, and logos or any other trademark (“Marks”) identifying HaloCheck or third parties are subject to copyright, design rights, and trademarks of HaloChecks and or third parties and all rights to the Marks are expressly reserved by HaloCheck or the relevant third parties and all intellectual property rights therein/thereto belong to HaloCheck. Nothing contained in this Agreement shall be construed as conferring by implication estoppel or otherwise any license or right to use any trademark, patent, design right, or copyright of HaloCheck or any other third party and you shall not at any time use the HaloCheck’s Mark in any way including in any advertising or publicity or as a hyperlink without HaloCheck’s prior written consent or represent that HaloCheck is your brand/trade name.
9.3 HaloCheck, its service providers, agents (or their subagents contractors or their subcontractors) delegates suppliers and other third parties whom HaloCheck may appoint for the operation of the Platform or the provision of services to you, own and retain all rights titles and interest in and to:
(a) the Platform;
(b) all hardware, software and other items used to provide the services to you; and
(c) all materials including without limitation the information, databases, data, documents, online graphics, audio and video, in the Platform which contains proprietary and confidential information.
9.4 This Agreement does not grant you any intellectual property rights in relation to the Services, any data, or information obtained from the Platform or HaloCheck or the rights of ownership in any trademark used by HaloCheck.
9.5 Subject to the foregoing restrictions and all applicable laws and regulations, HaloCheck grants you a non-exclusive, non-transferable, personal, limited, and revocable license to use the Platform to download, access, view, use, and display the content which HaloCheck makes available from time to time on the terms and conditions set out in this Agreement.
9.6 You shall not do anything which breaches or otherwise interferes with HaloCheck’s intellectual property rights or the intellectual property rights of any of HaloCheck’s third-party licensors. You may not distribute, reproduce, publish, alter, modify, or create derivative works from any HaloCheck report or content without the prior written consent of the HaloCheck or the relevant third-party licensor.
9.7 Unauthorised use of the Platform or its contents may be a violation of HaloChecks or third-party owner’s intellectual property rights and may also be an offence.
9.8 If you use any of HaloCheck’s or its third-party licensor’s trademarks, rights and Platform and other rights in trade names in reference to HaloCheck’s activities, products, or services, you must include a statement attributing the Marks to HaloCheck.
9.9 All rights not expressly granted are reserved by HaloCheck.
10. SUSPENSION AND TERMINATION SERVICE & REFUND POLICY
10.1 Users may cancel their subscription at any time.
10.2 Notwithstanding the cancellation by you, the remainder of the subscription cycle will be valid as per the payment method chosen, i.e., monthly or annually; until it expires at the end date of the subscription cycle. For avoidance of doubt, there shall not be any prorate of subscriptions or charges. This means the remainder of the subscription cycle will be valid as per the payment method chosen, i.e., monthly or annually; until it expires at the end date of the subscription cycle.
10.3 HaloCheck will not refund any purchased, unutilised, or expired Credits.
10.4 HaloCheck reserves the right to suspend, downgrade, or terminate your subscription or the provisions of Services, temporarily, or permanently at any time without being liable to you in any way whatsoever in the event of the following:
(a) you fail to pay your subscription, under this Agreement within fourteen (14) days from the due date or the date when the same becomes due;
(b) you commit any act or omission which is detrimental to HaloCheck;
(c) there has been a breach of the Agreement or other policies and terms posted on the Platform by you or by someone using your HaloCheck Account;
(d) you are using the Platform for illegal activities or where HaloCheck has reasonable grounds to believe that you may be doing so;
(e) HaloCheck is required to do so by any applicable law or pursuant to a request by any government or regulatory body;
(f) scheduled downtime or recurring downtime;
(g) you publish, post, transfer, distribute, or upload any content or information to the Platform or in any other social media which is false, misleading, or inaccurate, contains disparaging and inappropriate language or which creates the impression that content is sponsored or endorsed by HaloCheck;
(h) you modify, adapt, or reverse engineer the Platform or any part thereof;
(i) you transmit any viruses, worms, defects, Trojan horses, or any other malicious items of a destructive nature or that may otherwise compromise the security of the Platform;
(j) In the event of a suspension or termination of your account, you shall not attempt to use the Platform provided always that in certain circumstances, HaloCheck may at its sole and exclusive discretion, grant you express permission to re-register.
10.5 Any indulgence of time which HaloCheck grants you shall not nullify or prejudice Halocheck’s rights as set out in this Agreement.
10.6 Notwithstanding anything contained in the Agreement, any provisions of the Agreement which are capable of having effect after the termination of your HaloCheck Account User ID shall remain in full force and effect following the termination of your account.
11. Assignment
11.1 You shall not have the right to assign in whole or in part any of the rights, interest or benefits whatsoever under this Agreement to any person or persons except with our written consent.
11.2 HaloCheck shall have the right to assign in whole or in part any of its rights interest or benefit whatsoever under this Agreement without your consent to any person(s) or body.
12. Notices
11.1 You shall not have the right to assign in whole or in part any of the rights, interest or benefits whatsoever under this Agreement to any person or persons aexcept with our written consent.
11.2 HaloCheck shall have the right to assign in whole or in part any of its rights interest or benefit whatsoever under this Agreement without your consent to any person(s) or body.12.1 All notices, demands, or other communication required or permitted to be given or made pursuant to this Agreement must be in writing and sent via electronic mail, to the intended recipient and is deemed delivered on the date and at the time it was sent.
13. LAW AND JURISDICTION
13.1 The Agreement terms and conditions shall be governed by the laws of Malaysia, and the courts of Malaysia shall have exclusive jurisdiction.
14. SEVERABILITY
14.1 In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be unenforceable, illegal, or otherwise invalid in any respect under the laws governing this Agreement or its performance, such unenforceability, illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall then be construed as if such unenforceable, illegal or invalid provisions had never been contained herein.
15. BINDING EFFECT OF AGREEMENT
15.1 This Agreement shall be binding upon the respective heirs, personal representatives, successors-in-title, and permitted assigns of the parties hereto.
16. WAIVER AND AMENDMENTS
16.1 If any provision of these T&Cs is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining T&Cs or Services.
16.2 Failure by HaloCheck to demand performance of any Terms and Conditions shall not be deemed a waiver of HaloChecks right to demand performance at a later date.
17. ENTIRE AGREEMENT
17.1 This Agreement constitutes the whole and complete agreement between the parties relating to the Property. No prior agreement, modification, future representation, promise, or agreement in connection with this Agreement shall be valid unless made in writing.
18. DEFINITION OF FORCE MAJEURE
18.1 “Event of Force Majeure” refers to an event beyond the control of HaloCheck and the User, which prevents either Party from complying with any of its obligations under this Agreement, including but not limited to:
(a) an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods);
(b) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
(c) rebellion, revolution, insurrection, or military or usurped power, or civil war;
(d) riot, commotion, strikes,or disorder; or
(e) acts or threats of terrorism.
19. CONSEQUENCES OF FORCE MAJEURE EVENT
19.1 Neither HaloCheck nor the User shall be considered in breach of this Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises. For the avoidance of HaloCheck shall not be held responsible or liable to the User for any loss or damages whatsoever or however caused arising directly or indirectly from the Force Majeure Event.
19.2 The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.
20. OPTIONAL TERMINATION, PAYMENT, AND RELEASE
20.1 Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of (180) days, either HaloCheck or the User may give to the other a notice of termination; which shall take effect 28 days after the giving of the notice. If, at the end of the 28-day period, the effect of the Force Majeure continues, the Agreement shall terminate.
